Women Empowerment and Legal Aid (WELA) has achieved a significant legal victory in the fight for gender equality in Nigeria. The Court of Appeal in Lagos recently voided sections 126 and 127 of the Nigeria Police Act, which allowed the dismissal of unmarried policewomen who become pregnant while in service. This historic judgment represents a major step forward in ensuring equal treatment and non-discrimination within the Nigerian Police Force.
In a landmark decision, a three-member panel of justices, led by Justice Olubunmi Oyewole, declared these regulations inconsistent with the Nigerian Constitution. The Court ordered the Attorney-General of the Federation, the Police Service Commission, and the Nigerian Police Force to review the entire police regulations to align them with the demands of a modern, democratic society governed by the rule of law.
Justice Oyewole highlighted the unfair nature of the current regulations, which imposed stricter conditions on female officers compared to their male counterparts. He emphasized that such regulations are unacceptable in a decent and democratic society, stating, “The argument that the deprivation involved was consented to by prospective female police officers who cannot subsequently complain in the face of the constitutional provisions expressly granting them the rights involved as citizens of this country is untenable. The rights given go beyond those for the personal benefit of the individuals involved as could be waived by them. They are public rights which accord with the demands of a fair, equitable, and humane society.”
This ruling sets a new standard for the treatment of female police officers and underscores the importance of upholding constitutional rights. The Court’s judgment ensures that the discriminatory regulations against female officers are null and void, reinforcing that gender equality must be respected and protected in all aspects of society.
The case originated from the unjust dismissal of Miss Omolola Olajide, an unmarried police corporal attached to Iye-Ekiti station, who was sacked in 2021 for becoming pregnant. The dismissal was justified by Babatunde Mobayo, the state commissioner of police, based on section 127 of the police regulations. Following her dismissal, Olajide sought justice through the courts, with WELA representing her.
WELA’s relentless pursuit of justice culminated in a significant victory at the Court of Appeal. This triumph follows an earlier judgment by the National Industrial Court in Akure, which also struck down the discriminatory regulation. Justice Dashe Damulak of the National Industrial Court held that section 127 of the Police Act was inconsistent with the Nigerian Constitution and the African Charter on Human and People’s Rights, thereby abolishing the gender-based discrimination it perpetuated.
The court recognized Miss Olajide’s right to challenge the constitutionality of the regulation and awarded her ₦5,000,000.00 in aggravated and punitive damages for being wrongfully denied the opportunity to serve in the Nigerian Police. Despite the refusal to reinstate her due to her probationary status at the time of dismissal, the financial compensation marks a significant acknowledgment of the injustice she faced.
This victory is not just for Miss Olajide but for all women in Nigeria, particularly those serving in security agencies. It reinforces the principles of fairness, equity, and human dignity. WELA commends Justice Damulak and Justice Oyewole for their contributions to advancing human rights and gender equality in Nigeria.
As we celebrate this victory, WELA remains committed to advocating for the rights of women and ensuring that discriminatory practices are eradicated. This case serves as a powerful reminder of the importance of upholding constitutional rights and the continuous fight for a fair and just society.
This landmark victory is a testament to the power of perseverance, advocacy, and the unwavering commitment to justice. WELA will continue to stand at the forefront of the battle for gender equality, ensuring that every woman in Nigeria can live and work without fear of discrimination.